when a man is angry at the amount of alimony his ex wife receives course hero

by Prof. Elenor Hauck III 7 min read

Is alimony making you angry?

Sep 13, 2016 · When a man is angry at the amount of alimony his ex-wife receives , ... 77. When a man is angry at the amount of alimony his ex-wife receives, even though she didn’t earn ... Course Hero member to access this document. Continue to …

What happens when you pay alimony to your ex wife?

Jan 12, 2016 · An unusual lawsuit in New Jersey appears to be the latest salvo in an especially vicious divorce. A man there is suing his ex-wife for writing insults on the alimony checks she sends him. As part of the divorce decree, the man receives weekly alimony checks for $186.

How does alimony work in a divorce?

Imagine that a husband who files for divorce earns $5,000 a month. His wife stays at home with three young children and earns no income. Under their state's formula, she's entitled to $1,650 child support per month. But say she convinces the judge that her total rock bottom needs, including a house payment, are $2,300.

What happened to David Thomson’s Alimony?

May 15, 2014 · More than 560,000 taxpayers reported paying a total of $10 billion in alimony in 2010, the IRS inspector general said in a report released Thursday. Their spouses and ex-spouses reported receiving ...

What does the judge consider when setting alimony?

In many states, the law specifies that in setting alimony, the judge should consider how much support it would take each party "to maintain the standard of living established during the marriage.". This can raise questions about how a court should set and evaluate a particular standard within the "standard of living.".

How to determine alimony amount?

Basically, in setting the amount of alimony to be paid, courts look at: 1 how much money each person could reasonably earn every month 2 what the reasonable expenses are going to be for each of them, and 3 whether an alimony award from one to the other would make it possible for each to go forward with a lifestyle somewhat close to what the couple had before they split—known in divorce law as "the standard of living established during the marriage."

What happens if there isn't enough money in divorce?

As is frequently the case, if there isn't enough money to make it possible for the parties to reestablish something close to their marital standard of living, then most judges will look for a way to make the divorcing parties share the financial pain equally. Example: Here's how the math works out in a typical alimony case.

What is a witness when a person changes jobs?

Sometimes a psychologist is called as a witness to back up the need for the change.

Is alimony a piece of cake?

In comparison to child custody cases—in which judges must decide which parent a child is going to live with—deciding on an alimony amount is a piece of cake. Every state has a law dictating what factors must be considered in setting alimony. (See the Alimony Laws page for specifics on the law controlling your situation.)

Is alimony based on income?

As noted, alimony is generally based largely on what each of the divorcing spouses "reasonably earn." That means that if a person is deliberately working at a job that pays less than what he or she could earn, the courts will sometimes figure the alimony amount based on a higher figure, in what is referred to as imputing income for support.

How much alimony did the IRS pay in 2010?

More than 560,000 taxpayers reported paying a total of $10 billion in alimony in 2010, the IRS inspector general said in a report released Thursday. Their spouses and ex-spouses reported receiving less than $8 billion, for a $2.3 billion gap.

What percentage of alimony is discrepancy?

The report found discrepancies in 47 percent of the returns claiming the alimony deduction. In many cases, the spouse who supposedly received the alimony didn't report any. In other cases, they told the IRS they got less than their ex-spouses claimed to have paid.

Do ex spouses lie to IRS about alimony?

Some Ex-Spouses Are Lying to the IRS About Alimony. Nearly half the time, the amount of alimony payments that people deduct from their income doesn't match the amount of alimony reported as income. Somebody's not telling the Internal Revenue Service the truth about their alimony payments.

Does the IRS have procedures to address the compliance gap?

Russell George says the IRS should do more to resolve the discrepancies. Apart from examining a small number of tax returns, the IRS generally has no procedures to address the compliance gap, the report said. The IRS says it is improving computer filters to help catch the mismatches.

Can you deduct alimony from your taxes?

Somebody's not telling the Internal Revenue Service the truth about their alimony payments. When people pay alimony to ex-spouses, they can deduct those payments from their income, lowering their tax bill. Their ex-spouses are then required to claim the alimony payments as income when they file their federal tax returns.

Who will look over alimony?

A CPA or accountant, preferably a family accountant, will look over everything. This is particularly important in the face of the upcoming tax bill changes that will get rid of the deductions for alimony payments.

Is it fun to have another payment?

It’s not fun to have another payment to somebody when you’re working so hard. I’ve divorced a lot of people, and most people are resistant to getting help. But when you’re calm, you can make informed decisions much more easily than not. I think it’s an important component of the overall divorce process.”.

Can you hide your money during divorce?

For the love of god, don't try to hide your money. Divorce is one of the most emotionally taxing events a person can experience, a fact that undoubtedly leads to numerous poor decisions when filing the ensuing paperwork. One of the most common areas where errors are made is during the process of alimony negotiation.

How long does alimony last after divorce?

Temporary spousal support is given during the divorce for the duration of the divorce and ends when the divorce is finalized, usually about six months to a year after a divorce was initially filed.

How long can you hang around your spouse?

One of the most hated things about permanent alimony is that they can hang around the paying spouse like a noose for years or even decades.

Why is permanent spousal support given?

Permanent spousal support is usually given because there is a significant income gap between the spouses, presumably because one spouse served as homemaker for the other spouse. As the name suggests, permanent support can last decades. There are plenty of arguments about whether permanent alimony is fair or just.

What is temporary spousal support?

The purpose of temporary spousal support is to ensure that the supported spouse still has a place to live and is not a burden to society while the divorce is ongoing. In contrast, permanent spousal support is awarded after a divorce has ended.

When was the $1,250 garnished?

It clearly shows that $1,250 was garnished back in November 30, 2010. Still, the County Probation Services claims it has no record of the final payment. Instead of accepting Thomson’s pay check stub, Probation employees argue that they never received the money.

What is cohabitation in alimony?

The court must still determine that there is “cohabitation,” which is defined as being in a mutually supportive, marriage-like relationship. Pursuant to the new alimony statute, the court will consider the following in determining whether parties are cohabiting: Intertwined finances;

Can alimony be terminated if your ex moves in?

Brad Micklin, a family lawyer in Nutley, answers: Alimony may be modifiable or terminable if your ex-spouse moves in with her significant other. Maintaining the same residence may constitute a substantial change in circumstances warranting the court to modify or terminate alimony.

Opting For Lump Sum Or Short-Term, High-Cost Payments

Image
“Every time I represent the breadwinner, the first thing they think is: I want to pay the least, and I want to pay for the shortest amount of time,” says Vikki Ziegler, a divorce attorneywho has been working in family law for 20 years. While she understands that people want to wipe their hands of the whole marriage as quickl…
See more on fatherly.com

Not Seeking The Help of Outside Experts

  • “Dads, and even their attorneys, overlook the need for at least two experts in every case that deals with significant alimony payments,” says Scott Trout of Cordell and Cordell, the world’s largest men’s litigation firm. Those types of experts, per Trout, are a vocational rehabilitationist, and an accountant. “They’re an integral piece of not only minimizing the impact but perhaps even trying …
See more on fatherly.com

Hiding (or Spending) Money to Reduce Payments

  • “Don’t just go spend all your money, thinking that you’ll pay less in alimony,” says Ziegler, who says this is a regular tactic used by scorned spouses. “It’s determined mostly on your income, not assets. So people think,Oh, let me go spend all my money, and the court is going to think, poor me. It does not work like that.” If someone does this, sh...
See more on fatherly.com

Not Being Specific About Grounds For Termination

  • In many alimony payment agreements, there is specific language regarding the groundwork for termination of the payments. Whether it’s a change in financial circumstances or a new marriage, many dads make the mistake of being vague about when and how alimony will be cut off. “You need to ensure the strongest language possible for termination in your negotiation,” says Trout. “…
See more on fatherly.com

Not Taking Care of Yourself

  • “I think getting help from a therapist,with respect to the emotional aspects of divorce, is crucial,” says Ziegler. “Alimony can make people very angry. It’s not fun to have another payment to somebody when you’re working so hard. I’ve divorced a lot of people, and most people are resistant to getting help. But when you’re calm, you can make informed decisions much more ea…
See more on fatherly.com